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PEOPLE v. GALATRO

84 N.Y.2d 160 (1994)

639 N.E.2d 7

615 N.Y.S.2d 650

The People of the State of New York, Respondent, v. James Galatro and John Schmidt, Appellants.

Court of Appeals of the State of New York.

Decided June 30, 1994.

Attorney(s) appearing for the Case

Agulnick & Gogel, New York City (Barry W. Agulnick and Steven L. Greenspan of counsel), for James Galatro, appellant.

Joseph P. Grancio, Brooklyn, for John Schmidt, appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Ruth E. Ross and Roseann B. MacKechnie of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH and LEVINE concur with Judge CIPARICK; Judge TITONE dissents and votes to reverse in a separate opinion.

CIPARICK, J.

The issue presented by this appeal is whether the Grand Jury evidence is legally sufficient to support the charge of reckless endangerment in the second degree (Penal Law § 120.20). We agree with the Appellate Division that it is.

I

Defendants were arrested after a street altercation with a third man, complainant James Kasemersky, outside a bar located on Flatbush Avenue in...

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